Investigate the disparity and potential alternatives: What is the missing control?
A performance disparity requires investigation before a legal conclusion, including examining causes and potentially less discriminatory alternatives.
The question
A US energy company finds that an AI maintenance-screening tool produces a performance disparity between protected groups. The tool’s job relevance, business rationale, administration, and accommodation process are documented, but no investigation has tested the cause or available alternatives. What is the missing control?
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- Continue deployment while collecting unrelated system metrics.Unrelated metrics do not address the protected-group disparity, its causes, or the availability of relevant alternatives.
- Investigate the disparity and potential alternatives. ✓Investigation determines whether the disparity reflects a legally significant effect and whether less discriminatory, effective alternatives exist.
- Declare the disparity unlawful immediately.A disparity is a signal requiring investigation; it does not by itself establish a completed legal finding under the stated facts.
- Publish the disparity statistic in the annual report.Publication may disclose the signal, but it does not investigate causation, job necessity, or potentially less discriminatory alternatives.
The trap
Treat observed disparity as a trigger for investigation, not automatic proof of unlawful discrimination. How to remember it
A performance disparity requires investigation before a legal conclusion, including examining causes and potentially less discriminatory alternatives.
How many of these would you get right?
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